Estate Planning and Probate encompasses various legal matters that profoundly impact one’s personal life. No one likes to think of their final days. However, pre-planning is crucial for preventing heartache later.
As distinguished Estate Planning and Probate attorneys in Virginia, Attorney Wright and Attorney Poindexter serve to guide families and individuals through the intricate process of securing their future with meticulously crafted wills, deeds, and trusts.
DEEDS, WILLS, AND TRUSTS
Understanding wills, deeds, and trusts is crucial for securing your family’s future. A will ensures your assets are distributed according to your wishes after passing. Deeds are vital for the transfer of property ownership, while trusts offer a flexible way to manage and protect your assets.
- Deeds: A crucial aspect of property management, deeds require precision and legal know-how. As an attorney for deeds in Virginia, Poindexter & Wright Law ensures that property transfers are conducted smoothly and legally, safeguarding clients’ interests.
- Wills: The creation of a will is a fundamental step in managing one’s estate. As experienced attorneys for wills in Virginia, the firm assists clients in articulating their wishes, ensuring that their legacy is preserved and passed on according to their intentions.
- Trusts: Trusts offer a way to manage assets for the benefit of others. As an expert attorney for trusts in Virginia, Poindexter & Wright Law provides insightful counsel on setting up trusts that reflect clients’ specific objectives, whether it is for tax benefits, probate avoidance, or providing for a loved one.
Virginia Probate Process
Understanding testate and intestate
Probate is the official proving and recording of the will as the authentic and valid last will and testament of the deceased. Key in the Virginia probate process are two factors: testate and intestate.
If a person dies testate, it means they left a will. If they do not leave a will, the estate is intestate. In that case, state law sets out a line of succession when it comes to possible heirs.
Before any part of the estate is disbursed, funeral expenses, administrative costs, and debts must be addressed. Typical disbursement is as follows:
- All to the surviving spouse, unless there are children (or their descendants) of someone other than the surviving spouse, in which case one-third goes to the surviving spouse and the remaining two-thirds is divided among all children.
- If no surviving spouse, all passes to the children and their descendants. If none, then all goes to the deceased’s father and mother or the survivor.
- If none, then all passes to the deceased’s brothers and sisters and their descendants.
(There are further contingent beneficiaries set out in the Virginia statutes.)
Estate planning and developing a will is easy to put off. However, it is one of the kindest things you can do for your loved ones.
A will is a legal document that outlines your wishes. Without such a document, your estate can become tied up within the court system due to litigation from other family members. A tug-of-war over a loved one’s estate is devastating and preventable with prior planning.
Estate planning and probate are vital for ensuring your personal, real estate, and monetary possessions go to your loved ones. A Virginia estate planning and probate lawyer can help you by applying state law to your legal documents.
Virginia Estate Planning FAQs
An experienced estate planning lawyer answers frequently asked questions:
My loved one had a will. What do I do with it?
If your loved one left behind a will, make an appointment with the Clerk of your local Circuit Court. Take the will and a copy of the death certificate to your appointment. It is recommended that you start the process within 30 days of your loved one’s passing.
My loved one did not have a will. What should I do?
If your parent or spouse died without a will, it is important to seek help from a Virginia estate planning and probate attorney. Depending upon the number of potential heirs and their relationship with you, settling your loved one’s estate may be difficult.
What types of taxes are involved with probate?
A probate tax is paid at the time of the will filing. Certain local, state, and federal taxes may also apply to your loved one’s estate. An attorney can help you navigate the various tax requirements and payments.
At what age should I make an estate plan?
Estate planning can begin at any age. From young families to older generations, making your wishes known and legal is better done sooner rather than later.
Can I simply write my wishes on a piece of paper and tell my loved ones where it is?
To protect your wishes and best interests, it is best for an attorney to develop legal documents. While Virginia recognizes hand-written wills, there are certain requirements that, if missed, can make such a will invalid.
What if I simply tell my loved ones my wishes?
Relying on word-of-mouth is risky and not something that may stand up in court. Memories fade and without proof, your loved one may lose out on what you wish for them to have. A legal document prepared by a Virginia estate planning and probate attorney is best.
Estate planning is a necessary life step that can ensure a smooth transition once you are gone. Without one, your estate can become tangled up in litigation and create stress for your grieving loved ones. Get help from a Virginia estate planning and probate attorney today to prevent heartache tomorrow.
Contact Poindexter & Wright Law Today
Virginia estate planning and probate attorneys
Time stands still for no one. In our busy lives, we must plan to protect those we love should something tragic or unforeseen occur. A tragic accident or deadly disease can change your life’s path. Preparing for such a day is one of the best gifts you can leave your loved ones.
Whether it is for crafting a will, managing a deed, or setting up a trust, Poindexter & Wright Law stands as a beacon of trust and efficiency in Virginia. For those in need of a local Estate Planning and Probate attorney, the firm offers a combination of experience, empathy, and excellence.
A pro-active approach is best for securing the documents you need promptly. When a loved one dies without a will, the reaction is re-active, chaotic, and something to avoid.
Virginia estate and probate law is confusing for those unfamiliar with the process. If you believe you have rights to a decedent’s estate, contact us. Poindexter & Wright Law is here to help you by providing legal representation for your case.
We offer free consultations for Virginia estate planning and probate. For all other matters, we offer three options: (1) 15 minutes for $50; (2) 30 minutes for $100; (3) 1 hour for $150.
Are you interested in estate planning? Have a will going to probate? If so, Poindexter & Wright are the right attorneys to help you on your journey. Now is the right time, so call them in a hurry! Contact us for a free consultation to secure your family’s future. Call (434)-260-6881 to speak with us today.